COMMONWEALTH OF KENTUCKY - FinanceKY

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|COMMONWEALTH OF KENTUCKY |Informal Solicitation |

|Cabinet Name , Agency Name |for Nonprofessional Services |

|Street Address | |

|Your Town, KY Zip code | |

Please note: The Finance and Administration Cabinet Policy Procedure FAP 110-10-00: General Conditions and Instructions for Solicitations and Contracts is hereby incorporated by reference into this solicitation.

The Web site for entire Policies and Procedure manual:

|Solicitation Instructions |(Month, Day, Year- Date of issuance) |

|Due Date for Response: Close of Business (Month, Day,Year) (Normally 10 days |Return Request For Quotation to the above referenced address (or the following |

|after issuing solicitation) |address): |

Terms and Conditions

1. Location of Service: AgencyName, Street Address (Include # of floors), City, KY zip code

2. Period of Service: from Day, Month, Year to Day, Month, Year (12 months later). This contract may be extended at the completion of the initial contract period for 1 additional one-year period. (If this is a one time service substitute this: One time service. Required/ requested service date: Day, Month, Year)

3. Services provided by Vendor/Contractor/Proprietor: The service provider will clean and maintain in a clean and presentable manner all floors, offices and restroom facilities. The services will be performed after normal working hours for the agency. The facilities will be clean and ready for use at the beginning of each workday, which normally is Monday through Friday(stipulate required days if not every day). This includes, but is not limited to, emptying all trashcans, sweeping floors, washing and waxing floors when necessary, and cleaning and stocking all restroom facilities. The service provider will inspect the facilities and review the scope of work with the agency contact person before submitting a proposal/offer. (The agency may elect to develop and attach the scope of work hereto). Note that the same information must be given to every vendor.

4. Items/Supplies/Equipment provided by Agency (if necessary) and Provider: The agency will provide all consumable supplies, i.e. toilet paper, paper towels, hand soap, etc. The service provider will provide all cleaning supplies and equipment, i.e. floor and fixture cleaning detergents, floor waxes, brooms, brushes, mops, and floor care equipment. (or include in the attachment)

5. Inspection and Acceptance of Services: The provider will have weekly or semiweekly inspections with the agency representative. During this inspection the provider and agency will review the facilities and discuss any improvements or changes, if needed. The agency representative will approve the provider’s invoice before payment is authorized.

6. Invoicing Instructions: The vendor is responsible to submit an invoice to the agency at the address indicated above on or before the 10th of the month following the month in which the service(s) were rendered.

7. Payment Terms: The Commonwealth shall pay all invoices in accordance with KRS 44.010, KRS 45.453 and KRS 45.454, which basically is “when due, and within 30 working days after receipt of approved invoice.” Vendor/Contractor/Proprietor with the ability to accept credit card transactions must accept the Commonwealth Procurement Card (MasterCard) for payment of services

8. Total cost restriction: Cost of services shall not exceed $20,000 per fiscal year.

9. Taxes: The agency shall furnish the tax exemption number for applicable tax exempt purchases.

10. Governmental Mandates (Workman’s Compensation, Unemployment Insurance, etc.): The Vendor/Contractor/Proprietor is responsible for compliance with all applicable mandates concerning this agreement. For the purposes of this contract the Vendor/Contractor/Proprietor is deemed to be an independent agent and is not considered to be an employee of the Commonwealth. This agreement is governed by the laws of the Commonwealth of Kentucky.

11. Modifications to Contract: The agency reserves the right to modify this agreement for the addition or deletion of requirements deemed necessary by the agency with the mutual agreement of both parties; however modifications will not result in the expenditures against this contract exceeding $20,000 per fiscal year.

12. Termination of Contract: Either party may terminate this agreement at any time for just cause, or either party may cancel this agreement with thirty (30) days written notice.

13. Method of Award: Award will be made to the lowest evaluated responsive, responsible best value offeror. The agency will issue a notification of award accepting the best value offer. Prompt Payment may be considered in award criteria. The scoring of bids/proposals is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries. See below.

14. Basis of Price Quotation: The provider agrees to provide the cleaning services as requested above for the monthly price of $_____, and agrees to monthly payments made within thirty (30) working days after receipt of approved invoice by the agency. Approved invoice means the agency has approved the work provided during the period indicated on the invoice.

15. Validity of Offer: This offer is valid for thirty (30) days and the provider offers *___% ___ Days, Net 30 WD prompt payment discount (i.e.2%10, N30WD)

16. Access to Records: The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary's Order 11-004.

SECRETARY’S ORDER 11-004

FINANCE AND ADMINISTRATION CABINET

Vendor Document Disclosure

WHEREAS, in order to promote accountability and transparency in governmental operations, the Finance and Administration Cabinet believes that a mechanism should be created which would provide for review and assistance to an Executive Branch agency if said agency cannot obtain access to documents that it deems necessary to conduct a review of the records of a private vendor that holds a contract to provide goods and/or services to the Commonwealth; and

WHEREAS, in order to promote accountability and transparency in governmental operations, the Finance and Administration Cabinet believes that a mechanism should be created which would provide for review and assistance to an Executive Branch agency if said agency cannot obtain access to documents that it deems necessary during the course of an audit, investigation or any other inquiry by an Executive Branch agency that involves the review of documents; and

WHEREAS, KRS 42.014 and KRS 12.270 authorizes the Secretary of the Finance and Administration Cabinet to establish the internal organization and assignment of functions which are not established by statute relating to the Finance and Administration Cabinet; further, KRS Chapter 45A.050 and 45A.230 authorizes the Secretary of the Finance and Administration Cabinet to procure, manage and control all supplies and services that are procured by the Commonwealth and to intervene in controversies among vendors and state agencies; and

NOW, THEREFORE, pursuant to the authority vested in me by KRS 42.014, KRS 12.270, KRS 45A.050, and 45A.230, I, Lori H. Flanery, Secretary of the Finance and Administration Cabinet, do hereby order and direct the following:

I. Upon the request of an Executive Branch agency, the Finance and Administration Cabinet (“FAC”) shall formally review any dispute arising where the agency has requested documents from a private vendor that holds a state contract and the vendor has refused access to said documents under a claim that said documents are not directly pertinent or relevant to the agency’s inquiry upon which the document request was predicated.

II. Upon the request of an Executive Branch agency, the FAC shall formally review any situation where the agency has requested documents that the agency deems necessary to conduct audits, investigations or any other formal inquiry where a dispute has arisen as to what documents are necessary to conclude the inquiry.

III. Upon receipt of a request by a state agency pursuant to Sections I & II, the FAC shall consider the request from the Executive Branch agency and the position of the vendor or party opposing the disclosure of the documents, applying any and all relevant law to the facts and circumstances of the matter in controversy. After FAC’s review is complete, FAC shall issue a Determination which sets out FAC’s position as to what documents and/or records, if any, should be disclosed to the requesting agency. The Determination shall be issued within 30 days of receipt of the request from the agency. This time period may be extended for good cause.

IV. If the Determination concludes that documents are being wrongfully withheld by the private vendor or other party opposing the disclosure from the state agency, the private vendor shall immediately comply with the FAC’s Determination. Should the private vendor or other party refuse to comply with FAC’s Determination, then the FAC, in concert with the requesting agency, shall effectuate any and all options that it possesses to obtain the documents in question, including, but not limited to, jointly initiating an action in the appropriate court for relief.

V. Any provisions of any prior Order that conflicts with the provisions of this Order shall be deemed null and void.

The undersigned hereby swears and affirms that he/she has the authority to contract on behalf of the Vendor/Contractor/Proprietor, and agrees to the terms and conditions contained herein or incorporated by reference herein.

|X |X |

|Signature (Must be completed by Vendor/Proprietor’s authorized |Company Name/Complete Address/Phone Number/Date |

|agent to be considered) | |

Best Value - Ranking Approach

The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services and requirements contained herein. An agency evaluation committee, or a designated individual, will evaluate the information provided by the vendor(s) in response to the established measurable criteria contained in the solicitation. With the ranking approach price is one of the measurable criteria components of the solicitation. The measurable criteria are added together to determine the vendor’s total score. The vendor with the highest score has the highest ranking. Award is made to the vendor with the highest ranking. If there is only one best value response to the solicitation, the evaluation process may be waived and award may be made to the only responsive, responsible vendor.

For example, if vendor “A” is evaluated by only one evaluator and received a total score of 95 points then that vendor would have a 95 ranking. And if vendor “B” (responding to the same solicitation) received a total score of 90 points then he would have a 90 ranking. If more than one evaluator is used, then the combined score of all evaluators for each vendor is the score to be used to determine the ranking for the vendor. Again, award will be made to the vendor with the highest ranking. If award is by line item(s) or subtotal(s), the line item(s) or subtotal(s) will be ranked instead of the total bid amount.

Measurable Criteria:

Price 90 points

Experience 10 points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the vendor. The information will be furnished in the spaces provided below. If adequate space is not available, the vendor must attach additional information that clearly cross-references the appropriate location in the solicitation (i.e. page number, paragraph, subject, etc.).

Price (90 points) - The vendor with the lowest price receives the maximum score. The vendor with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points. For example, assume vendor A has the low offer at $13,000 then he would receive 90 points ($13,000/$13,000 = 1.00 x 90 = 90). Assume $15,000 is the next low offer by bidder B, then he receives 78 points ($13,000/$15,000 = 0.87 x 90 = 78), etc.

Vendor’s Bid Price: ___________________________________

Number of years of experience (10 points) - The vendor with the greatest number of years experience (not to exceed 10 years for evaluation purposes and this is determined by agency) receives the maximum points. This category is worth 10 points and assume vendor “A” has 10 years experience in this field, then (10/10 = 1.00 x 10 = 10 points). Assume vendor “B” has 5 years experience in this field, then (5/10 = .50 x 10 = 5 points, etc.)

Years Experience: ____________________________________

Vendor shall state correct number of years experience. If the vendor has more than ten (10) years experience, the vendor shall state that number.

The vendor agrees that when delivery/service is not made within the contracted due date, one percent (1%) per day will be deducted from the vendor’s invoice for each day the vendor fails to meet the contracted delivery/service date.

The Commonwealth reserves the right to negotiate all aspects of the solicitation with the evaluated best value vendor.

(Note to agency – make the appropriate changes to the above draft to suit or meet your requirements – remember best value criteria has to be objective and you must inform the prospective vendors how it will be evaluated – please refer to the above examples)

Reciprocal preference for Kentucky resident bidders

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office indentified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries.

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder- affidavit form included. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

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